Pocatello Education, et al v. Heideman, et al

Filing 920090413


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT POCATELLO EDUCATION ASSOCIATION; IDAHO EDUCATION ASSOCIATION; PROFESSIONAL FIRE FIGHTERS OF IDAHO, INC.; SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 687; AFL-CIO, Plaintiffs-Appellees, v. MARK HEIDEMAN, in his official capacity as Bannock County Prosecuting Attorney, Defendant, and BEN YSURSA, in his official capacity as Secretary of State for the State of Idaho; LAWRENCE WASDEN, in his official capacity as Attorney General for the State of Idaho, Defendants-Appellants. No. 06-35004 D.C. No. CV 03-0256 BLW ORDER On Remand from the Supreme Court of the United States Filed April 13, 2009 Before: William C. Canby, Jr., A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges. 4213 4214 POCATELLO EDUCATION ASS'N v. HEIDEMAN ORDER In accordance with the mandate of the Supreme Court in Ysursa v. Pocatello Education Association, 129 S. Ct. 1093, 1101 (2009), the judgment of the district court is reversed and the case remanded with instructions to enter judgment for defendants on the local government claim. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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